12/21/1967KODIAK ISLAND BOROUGH
ASSEMBLY MEETING - December 21, 1967
I CALL TO ORDER
The meeting was called to order at 7:50 p.m. by Presiding Officer Jo Hajdu in the
Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska.
II ROLL CALL
Present Absent
Sam Best, Borough Chairman None
Mrs. Jo Haj du, Presiding Officer
Don Arndt
Jim Barr
Don Bullock
Mrs. Betty Springhill
Also present: Doug Preston, Clerk; Ralph Valkama, Assessor; Jim Stansbury,
Building Inspector; Howard Keiser, Sanitarian; Sally Hendrix,
Secretary, taking minutes; and approx. 6 people in the audience.
III MINUTES OF PREVIOUS MEETING - 12/7/67
It was noted that corrections had been made in V.A concerning the Water Resources
Study. The first page of the minutes had been replaced since they had been
mailed out. There were no other comments, and the minutes were approved as written.
IV OTHER MINUTES
A. P &Z - 12/13167 - There were no comments.
B. School Board - 12/11/67. The minutes were read. Mrs. Hajdu questioned whether
the insurance contract should not be re -bid, since changes were made after the
bids were opened. Mrs. Springhill made a telephone call and reported later in
the meeting that the School Board had accepted the low bid and negotiated, with
Mr. Madsen's advice. There were no other comments.
C. Comprehensive Planning and Economic Development Committee 12/12/67. There
were no comments.
V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD
A. Letter from Ivor Schott re Scheduling of Work Session with School Board After
Holidays. The letter was read. Mr. Best reported that a Borough Chairmen's
Conference has been scheduled for January 5 and 6, and that the chairmen will
be arriving the evening of the 4th. It was agreed that the Assembly meeting
should begin at 7:00 p.m. the evening of the 4th, and that the agenda should
be limited to necessary items only. The work session with the School Board
was set for January 17 with the concurrence of the Board.
B. George Vogt re Logs and Debris on MOnashka Bay Subdivision. Mr. Vogt was not
present. Mr. Barr moved, seconded by Mr. Bullock, to table this item until
a representative is present. Mr. Best explained that it would be impossible
for the Borough to hire a daily inspector to supervise the cleaning up of the
logs. Mr. Barr suggested having one area cleaned up and inspected and used as
as example of how the remainder should be done. Motion carried by unanimous
voice vote.
C. Letter from Wilma Williams re Racing on Orbin Lake. Letter was read requesting
permission for organized hot rod racing on the ice, and to buy the property
if this is possible. Mr. Best stated that the State has tentative approval
to this area, and it is within the Borough selection in Bells Flats. Mr.
Best recommended that approval be given if the Borough is not held liable
for injuries and if the group does not try and establish any preference right
toward purchasing the land. Mr. Bullock made a motion to table this request
pending a further report from the group. Motion died for lack of a second.
The Assembly wished to know how the racing would be supervised and policed,
and if it would be a hazard to anyone else on the lake, such as ice skaters.
The point was also raised that permission for this would take the pressure
off some of the other areas that are being used now. Mrs. Springhill made a
motion, seconded by Mr. Arndt, that the Racing Association be requested to
prepare plans for this project and present them to the Assembly at the meeting
of January 18. After further discussion, motion carried by unanimous roll
call vote.
ASSEMBLY MEETING - December 21, 1967 2
D. Letter from Jerry Pearson re Penalty and Interest on Taxes. Letter was read
stating that it was Mr. Pearson's understanding that the Borough had granted
a time extension on payment of these taxes while his father's estate was being
settled, and that he should not be liable for penalty and interest. Mrs. Hajdu
stated that the State and Federal governments do grant extensions on deadlines
and waive penalties if applications are properly made. Mr. Barr moved,
seconded by Mr. Bullock, that action on this matter and the following item on
the agenda be tabled pending a formal opinion from the attorney on the whole
matter of forgiveness of taxes, penalty and interest on taxes. Motion carried
by unanimous voice vote.
E. Letter from Mrs. R. C. Wilson re_Penalty and Interest on Taxes. This item
was tabled by motion under Item V D.
VI PUBLIC HEARINGS - None
VII PLANNING & ZONING ITEMS
A. Concurrence with or Overruling of P &Z Decision re Chris Berg, Inc. Request for
Exception, Erskine Subdivision Blk 9 Lots 105 and 106 (Case 1 -K). The decision
that the exception be denied was read. Mr. Bullock moved, seconded by Mrs.
Springhill, that the Assembly concur with the decision of the Planning & Zoning
Commission. Mr. Crow stated that if the exception and variance are denied,
there are several people in the area interested in asking for a rezoning.
Mr. Barr and Mrs. Hajdu stated that they would like to see this request made.
Motion carried by unanimous roll call vote.
B. Resolution 67 -36 -R Approving Subdivision of Tract B into Lots B -1 and B-2, USS
3218 - Peter Marinkovich (Case 185 -A). The resolution was read. Mrs.Bullock
moved for its adoption, seconded by Mrs. Springh111. Mr. Barr stated that
the plat as it now exists would not meet the requirements of the subdivision
ordinance, and that although the subdivision itself does not meet the require-
ments, the plat should at least be re -done to meet the requirements. Mrs.
Springhill moved, seconded by Mr. Arndt, that action on the motion be tabled
pending preparation of a proper plat under present Borough ordinances. Motion
carried by unanimous voice vote.
C. Resolution 67-35 -R Approving Final Plat of Subdivision, Holland Acres First
Addition, Bik 1, Lots 1 and 2 - Argo Corp. (Case 172 -C). The resolution was
read and plat studied. Mr. Barr moved that the resolution be approved, seconded
by Mrs. Springhill. Motion carried by unanimous roll call vote.
D. Recommendation from P &Z re Rezoning of Thorsheim Subdivision Lots 20 -25 from
R -3 to Business. Recommendation was read. These are the lots on which the
Shelikof Hotel is located. Mrs. Hajdu felt that Lots 26 - 28, the Cannon
apartments, should be included, or else it would be left as a small island of
R -3 in the area. Mrs. Springhill moved, seconded by Mr. Barr, that the
attorney be requested to draw up an ordinance rezoning Lots 20 - 28, Thorsheim
Subdivision, from R -3 to Business. The Assembly requested that the Cannons
be contacted first to make sure they have no objections to the rezoning.
Motion carried by unanimous roll call vote.
VIII OLD BUSINESS
A. Ordinance 67 -21 -0 Approving Supplemental Budget - ACS 'frailer Court Funds.
Mr. Barr moved for adoption of the ordinance in the first reading, seconded
by Mrs. Springhill. The ordinance was read. It was felt that the ordinance
did not properly follow the motion made by Mrs. Hajdu at the September 21st
meeting, as amended, nor is it a continuing ordinance to continue over the life
of the income as suggested by Mr. Hedla. Motion failed by unanimous roll call
vote. Mrs. Springhill made a motion, seconded by Mr. Barr, that the ordinance
be re- written to include the intent of the amendment to the original motion
made by Mrs. Hajdu on September 21st. Motion carried by unanimous roll call vote.
B. Ordinance 67 -20 -0 Approving Supplementary School Board Budget. Ordinance was
read by title only. Mrs. Springhill moved, seconded by Mr. Barr, that the
ordinance be adopted in the first reading. Mr. Bullock, Mrs. Springhill, and
Mr. Stansbury felt that all of the money collected from the ACS trailer court
rentals had originally been intended for use toward the I Street Playground,
and that none should be used for the Ouzinkie playground, as proposed by
the School Board. Mrs. Hajdu and Mr. Barr felt that the obligation is to the
whole Borough, and that the $2000 proposed for Ouzinkie should be used for that
purpose. Mr. Best felt that if the money was intended to be used in the local
area only, that the Borough is morally obligated to use it only for I Street.
Mr. Barr suggested that the ACS court funds be used for I Street and another
source be found for the Ouzinkie playground money. The tape of the Assembly
ASSEMBLY ME TINq -1 December 2t , =1967;
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Meeting of September 21 was heard. Pair. Bullock requested that a weighted vote
be used on the motion. The attorney was not present and there was a question
as to whether the weighted vote could be used. Mr. Bullock moved, seconded by
Mrs. Springhill, that action on the motion be tabled until an attorney's
opinion is received as to whether the weighted vote applies. Motion failed
by roll call vote as follows: Mrs. Hajdu - Me; Mr. Arndt - No; Mr. Barr - No;
Mrs. Springhill - Yes, Mr. Bullock - Yes. The statutes on the question of
the weighted vote were reviewed. Motion carried by roll call vote as follows:
Mrs. Hajdu Yes; Mr. Arndt - Yes; Mr. Barr - Yes, Mr. Bullock - No; Mrs.
Springhill • No; The Assembly concurred in asked the attorney's opinion on
whether or not a weighted vote will apply when final action is taken on the
ordinance.
C. Resolution 67-34-R Establishing Kodiak Area Economic Development and Planning
Committee. The resolution was read. Mrs. Springhill moved for its adoption,
seconded by Mr. Arndt. It was explained that the committee required by the
EDA for the submission of the OEDP application has been combined with the
long -range planning committee and that the committee will continue in the
latter capacity when the OEDP has been completed. Motion carried by unanimous
roll call vote.
D. Resolution 67 - - Approving Tryck Nyman and Hayes Contract. The resolution
was read and the new contract was reviewed. The contract had been re- drafted
in order to divide the work into two phases so that grants could be obtained
from ASHA in FY 68 - as well as 67 - 68. They cannot reimburse for funds
already expended. Mrs. Springhill made a motion, seconded by Mr. Barr, for
adoption of the resolution. Motion carried by unanimous roll call vote.
E. Resolution 67 -38 -R Making Application to ASHA for Planning Assistance. The
resolution was read. ':e total amounts to be supplied by ASHA and by the
Borough were not available. Mr. Barr moved, seconded by Mrs. Springhill, that
action on the resolution be tabled pending correction of the resolution, and
that as soon as it is corrected, the Chairman arrange a special meeting.
Motion carried by unanimous voice vote.
F. Decision on Assembly of God Assessment. To back up the discussion held on
this matter at the Executive Session following the Assembly meeting on
December 7, Mrs. Springhill moved, seconded by Mr. Arndt, that in an effort
to concur with the attorney's position on the Assembly's previous action on
the Assembly of God assessment that the assessment be vacated on the Assembly
of God property, Fist Addition, Blk 5, Lots 7, 12, 13 and 14. Motion carried
by unanimous roll call vote.
G. Resolution 67 -39 -R Approvin ..oreclosures. The resolution was read. This
resolution formally approves the action taken by the Assembly on September 7
when the foreclosure procedure was approved by motion. Mrs. Springhill moved
for the adoption of the resolution, seconded by Mr. Bullock. Motion carried
by unanimous roll call vote.
H. Resolution 67 -40 -R Designating the Kodiak Mirror as the Official Publication
for the 1967 Real Property Tax Foreclosure List and All Related Notices.
The resolution was read. Mrs. Springhill moved for its adoption, seconded by
Mr. Barr. Motion carried by unanimous roll call vote.
IX NEW BUSINESS
A. Approval of Transfer of 3M Copy Machine to School. Mr. Bullock moved, seconded
by Mr. Barr, that the transfer be approved. Motion carried by unanimous
voice vote.
X CHAIRMAN'S REPORT
A. Chairmen's Conference. Mr. Best reported that the Alaska Borough Chairmen's
Conference which he attended in Anchorage passed resolutions concerning
water pollution, permitting outside banking firms in Alaska, funding of
education, level of law enforcement. A second Chairmen's Conference for the
purpose of further discussing upcoming legislation will be held in Kodiak on
January 5 and 6. Copies of upcoming legislative issues are available in the
Borough Office.
B. Status of Borough Engineer. Mr. Best and Mr. Barr are checking each other's
plats until a solution can be found to hiring Mr. Jones as Borough Engineer.
Mr. Jones has refused to do further Borough work during the regular work
week because his work load at the City is very heavy, but he offered to
consider reviewing plats for the Borough beyond the regular 40 hours. This
must be brought before the City Council since City personnel regulations do
g �-
ASSEMhLY I'INd -- ;December 21, 1 67
not permit outside employment.
XI ASSEMBLY COM ENTS
A. Mr. Barr re Mill Bay Road Erosion. Mr. BArr stated that he had received a
copy of the letter written by Mr. Best to the State Highway Department
concerning this matter and that it was a very good letter.
B. Mrs. Hajdu re Hearing on Roads. Mrs. Hajdu reported that the State had deleted
the extension of the Otmeloi Point Road from their program and added the
renewal of the road from the Cutoff Road to the existing new Otmeloi Highway.
Mrs. Hajdu told them that the extension of the Otmeloi Road was much more
important since it would give needed access to new land.
XII ADJOURNMENT - The meeting adjourned at 12:10 a.m.
ATTEST:
APPROVED:
G. S. Best
Borough Chairman
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